Month: June 2020

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Division of Overseas property in a Canadian Divorce

Canada is lucky enough to be the chosen home of many immigrants.  Some retain and or purchase property in their original country during marriage.  When those people divorce in Canada, dealing with their Foreign Property (including Real Estate) poses additional challenges.

In Nova Scotia there is a distinction made by the Court between Movable and Immovable Property in a foreign jurisdiction.   That distinction impacts on the law applied to the division.

The first step in dealing with Immovable Property (Real Estate) in a foreign jurisdiction, is often proving or agreeing on a valuation.

If you or someone you know needs advice or representation for these issues, we would be happy to help.  Give us me call at 902-404-3622 or email Philip Whitehead at philip@whiteheadlawyers.com

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Family Law and Covid19

As Nova Scotia moves forward in a return to normal life, many of us want to move forward in our personal lives. Currently, the Nova Scotia Supreme Court (Family Division) is scheduling Settlement Conferences by telephone, and having hearings for only the most serious matters. Those matters being scheduled for hearings are effectively only Child and Family Services matters.

The delays are likely to last for months and the back-up of the system will take even longer to clear. With this in mind, we encourage clients and potential clients to complete what they can complete now rather than wait. Settlement discussions (either through counsel or with the assistance of the Court) typically result in Agreements/Consent Orders, Custody and Access Agreements/Orders or Partial Agreement/Order dealing with specific assets.

For those people looking to start a Divorce, the proceeding can be started and all of the disclosure done so that things are read to go when the Courts get back to normal.

If settlement discussions are successful, they can be incorporated into a consent divorce.

If you or someone you know has been waiting to finalize their divorce, to formalize the terms of a separation, or formalize parenting arrangements, we would be happy to help with advice and drafting.